Section 1 Making certain exclusions from participation in Federal health care programs related to fraud mandatory
“(5) Conviction relating to fraud—Any individual or entity that has been convicted for an offense which occurred on or after the date that is 1 year after the date of the enactment of this paragraph, under Federal or State law—
“(A) of a criminal offense consisting of a misdemeanor relating to fraud, theft, embezzlement, breach of fiduciary responsibility, or other financial misconduct—
“(i) in connection with the delivery of a health care item or service, or
“(ii) with respect to any act or omission in a health care program (other than those specifically described in paragraph (1)) operated by or financed in whole or in part by any Federal, State, or local government agency; or
“(B) of a criminal offense relating to fraud, theft, embezzlement, breach of fiduciary responsibility, or other financial misconduct with respect to any act or omission in a program (other than a health care program) operated by or financed in whole or in part by any Federal, State, or local government agency.
“(6) Fraud, kickbacks, and other prohibited activities—Any individual or entity that the Secretary determines has committed an act which is described in section 1128A, 1128B, or 1129 on or after the date that is 1 year after the date of the enactment of this paragraph.”